Charged With a DWI?

Call Our Minneapolis and St. Paul Criminal Attorney

If a police officer stops an individual for driving while under the influence and he or she has certain aggravating factors, he or she may be charged with driving while intoxicated (DWI). If stopped for DWI, an individual should contact the qualified St. Paul and Minneapolis criminal attorneys at Steven H. Snyder and Associates, as the criminal penalties increase depending on the number of aggravating factors:

• A qualified previous impaired driving incident within 10 years of the date of the new impaired driving incident
• Alcohol concentration of .20 or more, when measured at the time of the incident or within two hours of being in physical control of a vehicle
• Having a child under the age of 16 in the vehicle (if the child is more than 36 months younger than the offender)

A qualified previous impaired driving incident is defined as a conviction for previously driving impaired and/or a loss of the individual’s driver’s license or operating privileges because of a prior impaired driving incident.

Penalties

Penalties for impaired driving are determined by the number of aggravating factors and are as outlined as follows:

• No previous impaired driving incident is a fourth-degree DWI misdemeanor and is punishable by up to 90 days in jail and/or a $1,000 fine.
• One previous impaired driving incident is a third-degree DWI gross misdemeanor and is punishable by up to one year in jail and/or a $3,000 fine.
• Two previous impaired driving incidents is a second-degree DWI gross misdemeanor and is punishable by up to one year in jail and/or a $3,000 fine.
• Three previous impaired driving incidents is a first degree DWI. A fourth is a felony. These are punishable by up to seven years incarceration and/or a $14,000 fine.

A qualified St. Paul and Minneapolis criminal lawyer may be able to get the charges reduced, or if a false accusation was lodged against the individual, the attorney may be able to get the charges dropped completely. In addition to the above-outlined penalties, an individual may also face administrative penalties, such as an administrative license revocation, administrative license plate impoundment and/or administrative vehicle forfeiture.

If a vehicle is forfeited, the arresting agency may keep the vehicle. If payments are owed on the vehicle, the lien holder or the leasing company may sell the vehicle at a foreclosure or police impoundment sale. After the deduction of certain expenses, a share of the proceeds goes to the appropriate financial institution.